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From the Ground Up

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Landlords, Beware: HUD Warns Against Discriminating Based on Criminal Background
Last month, the United States Department of Housing and Urban Development issued guidance that all residential landlords, property managers, and brokers should be aware of: While checking a potential renter's criminal background is not off limits whe...
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BiOp on the Oregon National Flood Insurance Program: A Case for Levee Accreditation
If there was ever a case to be made for levee accreditation in Oregon, it would be the biological opinion ("BiOp") that the National Marine Fisheries Services ("NMFS") issued in April 2016. The BiOp seeks to protect and conserve certain salmon and st...
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Taxes, Fees on Accessory Dwelling Units (ADUs) Eased in Portland
May 18, 2016
At a time when Portland grapples with a shortage in housing, two new regulatory changes may bring many more accessory dwelling units (ADUs)—small apartment units like basements and small backyard houses added to single-family homes—to the city, there...
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Portland Commissioner Saltzman Proposes New 1% Construction Excise Tax
Today Portland Commissioner Dan Saltzman, whose bureau assignments include the Portland Housing Bureau and the Bureau of Development Services, proposed a new excise tax on residential and commercial development equal to one percent of the total permi...
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SCOTUS Provides Pathway to Courts' Challenging Army Corps' Wetlands Calls
Access to courts to resolve disputes early on in a permitting process is critical for land use projects in terms of time- and cost-savings. In Army Corps of Engineers v. Hawkes, issued on May 31, 2016, the U.S. Supreme Court effectively agreed by rul...
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Supreme Court Puts Clean Power Plan on Hold
Recently the Supreme Court, for the first time, halted the implementation of an EPA rule before review by the Court of Appeals. As reported on this blog, in August the EPA adopted rules under the Clean Air Act to ensure that by 2030, carbon dioxide e...
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